FAYPON VS QUIRINO

G.R. No. L-7068 December 22, 1954

FACTS:
Respondent was born in Caoayan, Ilocos Sur; came to
Manila to pursue his studies; went to United States for
the same purpose; returned to the Philippines; and
engaged in the newspaper work in Manila, and Iloilo.
When he ran for the office of Provincial Governor of
Ilocos Sur, he was proclaimed by the provincial board of
canvassers as the governor. A petition for quo warranto
was filed by the petitioner on the ground of respondent's
ineligibility for the said office because of alleged lack of
residence. The petitioner relies on the fact that the
respondent registered as voter in Pasay City in 1946 and
1947.

ISSUE:
Whether or not respondent's acts, activities, and
utterances constitute abandonment or loss of his
residence of origin.
RULING:
NO. The Court ruled out that mere absence from one's
residence or origin - domicile - to pursue studies, engage
in business, or practice his avocation, is not sufficient to
constitute abandonment or loss of such residence.

A citizen may leave the place of his birth to look for

"greener pastures" to improve his lot. When election is
to be held, the citizen who left his birthplace to improve
his lot may desire to return to his native town to cast his
ballot but for professional or business reason, he may
not be absent himself from the place of his activities; so
there he registers as voter. Despite such registration, the
animus revertendi to his home, to his domicile or
residence of origin, he has not forsaken him. Thus,
registration of a voter in another place has not been
deemed sufficient to constitute abandonment or loss of
such residence.